The Judiciary: Topic 16

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Y13 A Level Law Flashcards on The Judiciary: Topic 16, created by Stuart Halford on 13/05/2018.
Stuart Halford
Flashcards by Stuart Halford, updated more than 1 year ago
Stuart Halford
Created by Stuart Halford over 6 years ago
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What are the three most important features of the judiciary? That they be fair unbiased apply the law
How are the judiciary divided? Into superior judges and inferior judges.
Which four sectors make up the superior judges? Supreme Court of Appeal and High Court Justices of Supreme Court Lord Justices of appeal in CoA High Court Judges
Which five sectors are included in the inferior judges? Circuit judges in Crown and County Courts Recorders (p/t) Crown Court District Judges (Small Claims) District Judges (Magistrates) Tribunal Judges
Which two acts have had the biggest impact of how judges are selected and appointed? Court and Legal Services Act (2007) Constitutional Reform act (2005)
What are the important four facts about Justices of the Supreme Court? Try around 1000 cases Only on points of law Often deal with compex tax and planning law Decisions become precedent
What five facts are important to know about Lord Justices of Appeal Hear appeals from criminal and civil Around 7000 Criminal Appeals One judge decides leave of appeal 25% of Criminal Cases get leave Sit as 3 or 5 pannel
What is the function of High Court Judges? Try cases in the first instance Hear evidence and decide law Sit in Criminal Cases at Crown Court and pass sentence.
How is independence of Superior Judges guaranteed? They have security of tenure Cannot be dismissed so long as behaviour is good. Only be removed by monarch following petition in HoL and HoC.
How is independence of the inferior judges maintained? Only the Lord Chancellor with the consent of the Lord Chief Justice can dismiss for incapacity or behaviour.
Who investigates complaints about the judiciary? Judicial Conduct Investigations Office
What factors assist in the independence of the judiciary? Immunity from law suits Immunity from civil suits (Sitios v Moore) Immunity from defamation Independence from executive Independence from legislature Independence from case
Why is judicial independence needed? Protects individuals from abuse of power by executive. Cannot force judges to resign Must be free to exercise power with interference or influence to ensure justice.
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